HomeMy WebLinkAbout2005-06-07; Municipal Water District; 592; Quitclaim of Existing Waterline EasementI+- 2 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL Pi’’’
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- TITLE: APPROVE AND AUTHORIZE
QUITCLAIM OF EXISTING WATERLINE EASEMENT
ACROSS A PORTION OF CT 99-03
DEPT. HD.
CITY Am.
CITY MGR. (PR 05-1 8) IEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. 1246 to quitclaim an existing waterline easement across a portion of
CT 99-03.
ITEM EXPLANATION:
New water facilities have been concurrently and adequately provided for within the various public
rights-of-way for CT 04-15. To prepare for ultimate development of the site, Real Estate Collateral
Management Company applied for a quitclaim of the existing waterline easement. The easement is
no longer needed, and there are no waterline facilities within the easement.
ENVIRONMENTAL REVIEW:
The proposed quitclaim is exempt from environmental review under the California Environmental
Quality Act Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that
the quitclaim may have a significant effect on the environment.
FISCAL IMPACT:
The District purchased the easement in 1961 for $1 .OO. The applicant has paid a $520 processing fee
for the quitclaim of this easement.
EXHIBITS:
I. Location Map for Quitclaim of Waterline Easement across a portion of CT 99-03.
2. Resolution No. 1 246 to quitclaim an existing waterline easement across a portion
Of CT 99-03.
3. Corporation Quitclaim Deed of Easement PR 05-18.
DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us
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RESOLUTION NO. 1246
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN
EXISTING WATERLINE EASEMENT ACROSS A PORTION OF CT
99-03 (PR 05-18).
WHEREAS, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, owner of
Villages of La Costa - La Costa Greens Neighborhood 1.07, has submitted a request for approval
and execution of a quitclaim deed for a portion of the water pipeline easement granted to
Carlsbad Municipal Water District per document recorded October 23, 1961 as file no. 183352 of
Official Records, and said easement lies partially within Lots 7 and 46 of Carlsbad Tract 99-03 per
Map No. 14543 in the City of Carlsbad, County of San Diego, State of California, and was granted
for water pipeline purposes; and
WHEREAS new water facilities have been concurrently and adequately provided for within
the various public rights-of-way for La Costa Greens Neighborhood 1.07, and the easement
contains no waterline, and the easement is no longer necessary; and
WHEREAS the Board of Directors of the Carlsbad Municipal Water District has
determined it to be in the public interest to approve the quitclaim deed attached hereto; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District, as follows:
1.
2.
That the above recitations are true and correct.
That the Quitclaim Deed conveying a waterline easement across a portion of
Carlsbad Tract 99-03 per Map No. 14543 in the City of Carlsbad, County of San Diego, State of
California, granted to the Carlsbad Municipal Water District per document recorded October 23,
1961 as file no. 183352 of Official Records, which is on file with the Secretary and is incorporated
by this reference, is approved.
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3. That the President and Secretary are authorized and directed to execute said
quitclaim deed. Following the President's signature of said quitclaim deed, the Secretary is further
authorized and directed to cause the original deed to be returned to the owner, REAL ESTATE
COLLATERAL MANAGEMENT COMPANY, 1903 Wright Place, Suite 180, Carlsbad, California,
92008, to be recorded in the Office of the County Recorder of San Diego County, State of
California.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 7th day of June , 2005 by the following vote, to wit:
AYES: Board Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Board Member Lewis
\Q
CLAUDE A. LEWIS: President
MATT HALL, Vice-president
4TTEST & 3. %-u
LORRAINE M. WOOD, Secretary (SEAL)
RECORDING REQUESTED BY:
Same as Below
AND WHEN RECORDED, MAIL TO:
Real Estate Collateral Management
1903 Wright Place, Suite 180
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO: Real Estate Collateral Management
1903 Wright Place, Suite 180
Carlsbad. CA 92008
Space above this line for Recorder's Use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 213-1 10-13-00,231-110-06-00
Documentary transfer tax is $ 00.0 Project No. & Name CT 99-03
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
Villages of La Costa - La Costa Greens 1.07
CMWD Easement Quitclaim, PR 05-18
CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
QUITCLAIM DEED
CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a
Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does
hereby remise, release and quitclaim to Real Estate Collateral Management Co., a Delaware Corporation all right, title and
interest in the property described in Exhibits "A' & "B", consisting of one (1) page each, which are attached hereto and
made a part hereof.
Executed on June 8 ,
20 05 , at Carlsbad, California CARLSBAD MU N IC1 PAL WATER DISTRICT, a Public Agency organized under the Municipal Water
Act of 1911, and a Subsidiary., District of the City of
MATT HALL, Vice-president AIIEST:
LORRAINE M. WOOD, Secretary
(Notarial acknowledgement of execution of Grantor must be attached.)
6/7/05 AB 592
H:\Development Services\PROJECTS\CT FILES\CT 04-1 5 VLC N. 1.4 and 1.7 - Van Peski\Deeds-Easement\QUITCLAlM DEED-CMWD (PR 05-18).doc
State of California 1 r
County of& 13- I
On cplqIaoo5 before me, .%e ;\a+QenCtP- C4h;fin ; Id ObPU lPd 8
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personally appeared
hersonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person@
whose namew- subscribed to the within instrument and
acknowledged to me that@4kdtltey executed the same in
&%be&kir authorized capacity@s+, and that by-
signaturewon the instrument the person@), or the entity upon
behalf of which the person@ acted, executed the instrument.
WITNESS, my hand and official seal.
1
(This area for official notary seal.) SIGNATURE OF NOTARY
t
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD
H:\Developrnent Services\PROJECTS\CT FILES\CT 04-15 VLC N. 1.4 and 1.7 -Van Peski\Deeds-Easernents\QUlTCLAlM DEED-CMWD (PR 05-18).doc 6
EXHIBIT “A”
LEGAL DESCRIPTION
QUITCLAIM OF EASEMENT
PR 05-18
THAT PORTION OF THAT EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER
DISTRICT, RECORDED OCTOBER 23,1961 AS FILE NO. 183352, OF OFFICIAL RECORDS,
LYlNG WITHIN LOTS 7 AND 46 OF CARLSBAD TRACT NO. 99-03, LA COSTA GREENS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY
RECORDER ON FEBRUARY 12,2003.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.457 ACRES OF LAND
MORE OR LESS.
DAVID W‘. AMBLER L!S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
M:\2352\117\LEGALS\AO3 CMWD-QC-61-183352.dOc
WO 2352-1 17 3/29/05
............ INDICATES PORTION OF CMWD EASEMENT, REC. ........... FI ............ 70/23/1961, FILE NO. 183352, O.R. TO BE ............ QUITCLAIMED
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MAP 14882
PORTION OF CMWD C4SEMENT,
REC. 10/23/1961, FILE NO.
183352, O.R. TO BE
QUITCLAIMED VALLECITOS WATER DISTRICT EASEMENT, REC.
]\]I ,L\ p -1 11 5 11 3
SDGE EASEMENT, REC.
6/16/1998, FILE NO. 1998-0366 137, 0. R.
CITY OF CARLSBAD PROPERV,
CITY OF CARLSBAD EASEMENT, REC. 1.2’0 1/1997, FILE NO.
REC. 2/13/1998, FILE NO. 1997-0605498. 0. R.
)ATE: 2/08/2005
I.~.~.: 213-1 10-06~13
1998-00775 12, 0. R.
HUNSAKER
& ASSOCIATES 0 Lo SAN DIEGO, INC
PLANNING 10179 Hwmekens Street ENGINEERING San Diego, Ca 9ZlH SCALE 1 ”= 300 ’
R \0386\kMap\(x: CMWD- 1 . DWG[ 1275lMar -29-2005 1 1: 15 A. 2352-1 17 SHEET 1 OF 1 SURVEYING PH(858)5584500~ FX(854)558-1414
QUlTCLAlM PLAT - CARLSW MUNICIPAL WATER DISTRICT
PR 05-18 QUlTCLAlM OF A POR77ON OF AN EASEMENT, RECORDED OCTOBER 23, 1967, AS DOCUMENT
EXHIBIT ”B ”
NO. 183352 OF omci,u RECORDS
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